S02912 Summary:

BILL NOS02912
 
SAME ASNo same as
 
SPONSORSQUADRON
 
COSPNSR
 
MLTSPNSR
 
Amd SS64, 64-a, 64-b, 64-c & 105, ABC L
 
Relates to the siting of certain premises licensed to sell liquor for consumption on the premises; provides that required distances from schools and places of worship and from existing licensed premises shall be measured from the closest boundary lines instead of from the center of the entrances of such premises.
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S02912 Actions:

BILL NOS02912
 
03/05/2009REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
01/06/2010REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
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S02912 Floor Votes:

There are no votes for this bill in this legislative session.
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S02912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2912
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      March 5, 2009
                                       ___________
 
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
 
        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          siting of certain premises licensed to sell liquor for consumption  on
          the premises
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (c), (d) and (d-1) of subdivision 7  of  section
     2  64  of  the  alcoholic  beverage  control law, paragraphs (c) and (d) as
     3  amended by chapter 177 of the laws of 1996 and paragraph (d-1) as  added
     4  by chapter 406 of the laws of 2007, are amended to read as follows:
     5    (c) the measurements in paragraphs (a) and (b) of this subdivision are
     6  to  be taken in straight lines from the [center of the nearest entrance]
     7  point on the property  boundary  line  of  the  premises  sought  to  be
     8  licensed to [the center of the nearest entrance]  that is closest to the
     9  property  boundary line of such school, church, synagogue or other place

    10  of worship [or] to the [center of the nearest entrance] closest point on
    11  the property boundary line of such school, church,  synagogue  or  other
    12  place  of worship or from the point on the property boundary line of the
    13  premises sought to be licensed that is closest to the property  boundary
    14  line  of  a  premises licensed and operating pursuant to this section to
    15  the closest point on the boundary line of each  such  premises  licensed
    16  and operating pursuant to the provisions of this section; except, howev-
    17  er,  that no renewal license shall be denied because of such restriction
    18  to any premises so located which were maintained as a bona  fide  hotel,
    19  restaurant,  catering  establishment  or  club  on  or prior to December

    20  fifth, nineteen hundred thirty-three; and, except that no license  shall
    21  be denied to any premises at which a license under this chapter has been
    22  in  existence continuously from a date prior to the date when a building
    23  on the same street or avenue and within two hundred feet of  said  prem-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03666-02-9

        S. 2912                             2
 
     1  ises  has  been  occupied  exclusively as a school, church, synagogue or
     2  other place of worship; and except that no license  or  renewal  thereof
     3  shall  be  denied  to  any  premises pursuant to this section at which a

     4  license  under  this  chapter  has been in existence continuously from a
     5  date prior to December thirty-first, two thousand nine; and except  that
     6  no license shall be denied to any premises, which is within five hundred
     7  feet  of three or more existing premises licensed and operating pursuant
     8  to the provisions of this section, at which a license under this chapter
     9  has been in existence continuously on or prior to November first,  nine-
    10  teen hundred ninety-three; and except that this subdivision shall not be
    11  deemed  to restrict the issuance of a hotel liquor license to a building
    12  used as a hotel and in  which  a  restaurant  liquor  license  currently
    13  exists for premises which serve as a dining room for guests of the hotel
    14  and a caterer's license to a person using the permanent catering facili-
    15  ties  of  a  church,  synagogue  or other place of worship pursuant to a

    16  written agreement between such person and the authorities in  charge  of
    17  such  facilities. The liquor authority, in its discretion, may authorize
    18  the removal of any such licensed premises to a different location on the
    19  same street or avenue, within two hundred feet of said  school,  church,
    20  synagogue  or other place of worship, provided that such new location is
    21  not within a closer distance to such school, church, synagogue or  other
    22  place of worship.
    23    (d) [Within the context of this subdivision, the word "entrance" shall
    24  mean a door of a school, of a house of worship, or premises licensed and
    25  operating  pursuant to the provisions of this section or of the premises
    26  sought to be licensed, regularly used to give ingress to students of the
    27  school, to the general public attending the place  of  worship,  and  to

    28  patrons or guests of the premises licensed and operating pursuant to the
    29  provisions  of  this  section  or of the premises sought to be licensed,
    30  except that where a school or house of worship or premises licensed  and
    31  operating  pursuant to the provisions of this section is set back from a
    32  public thoroughfare, the walkway or stairs  leading  to  any  such  door
    33  shall  be  deemed an entrance; and the measurement shall be taken to the
    34  center of the walkway or stairs at the point where it meets the building
    35  line or public thoroughfare. A door which has no exterior  hardware,  or
    36  which  is  used  solely as an emergency or fire exit, or for maintenance
    37  purposes, or which leads directly to a part of a building not  regularly

    38  used by the general public or patrons, is not deemed an "entrance".
    39    (d-1)]  Within the context of this subdivision, a building occupied as
    40  a place of worship does not cease to  be  "exclusively"  occupied  as  a
    41  place  of worship by incidental uses that are not of a nature to detract
    42  from the predominant character of the building as a  place  of  worship,
    43  such  uses  which  include, but which are not limited to: the conduct of
    44  legally authorized games of bingo or other games of  chance  held  as  a
    45  means  of  raising  funds  for the not-for-profit religious organization
    46  which conducts services at the place of worship or  for  other  not-for-
    47  profit  organizations  or  groups;  use of the building for fund-raising
    48  performances by or [benefitting] benefiting the not-for-profit religious

    49  organization which conducts services at the place of  worship  or  other
    50  not-for-profit organizations or groups; the use of the building by other
    51  religious  organizations  or  groups  for  religious  services  or other
    52  purposes; the conduct of social activities by or for the benefit of  the
    53  congregants;  the use of the building for meetings held by organizations
    54  or groups providing bereavement counseling to  persons  having  suffered
    55  the  loss  of a loved one, or providing advice or support for conditions
    56  or diseases including, but not limited to, alcoholism,  drug  addiction,

        S. 2912                             3
 
     1  cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
     2  use of the building for blood drives, health screenings, health informa-
     3  tion  meetings,  yoga  classes,  exercise  classes  or  other activities

     4  intended  to promote the health of the congregants or other persons; and
     5  use of the building by  non-congregant  members  of  the  community  for
     6  private  social  functions.  The building occupied as a place of worship
     7  does not cease to be "exclusively" occupied as a place of worship  where
     8  the not-for-profit religious organization occupying the place of worship
     9  accepts  the payment of funds to defray costs related to another party's
    10  use of the building.
    11    § 2. Subdivision 7 of section 64-a of the alcoholic  beverage  control
    12  law,  as amended by chapter 177 of the laws of 1996 and paragraph (e) as
    13  added by chapter 406 of the laws of 2007, is amended to read as follows:
    14    7. (a) No special on-premises license shall be granted for  any  prem-
    15  ises which shall be
    16    (i)  on  the  same  street  or avenue and within two hundred feet of a

    17  building occupied exclusively as a school, church,  synagogue  or  other
    18  place of worship or
    19    (ii) in a city, town or village having a population of twenty thousand
    20  or  more  within  five  hundred  feet of three or more existing premises
    21  licensed and operating pursuant to the provisions of this section;
    22    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
    23  are to be taken in straight  lines  from  the  [center  of  the  nearest
    24  entrance  of  the  premises  sought  to be licensed to the center of the
    25  nearest entrance of such school, church, synagogue  or  other  place  of
    26  worship  or to the center of the nearest entrance] point on the property
    27  boundary line of the premises sought to be licensed that is  closest  to

    28  the  property  boundary  line of such school, church, synagogue or other
    29  place of worship to the closest point on the property boundary  line  of
    30  such  school,  church,  synagogue or other place of worship, or from the
    31  point on the property  boundary  line  of  the  premises  sought  to  be
    32  licensed  that  is  closest  to the property boundary line of a premises
    33  licensed and operating pursuant to this section to the closest point  on
    34  the  boundary line of each such premises licensed and operating pursuant
    35  to the provisions of this section;  except  that  no  license  shall  be
    36  denied to any premises at which a license under this chapter has been in
    37  existence  continuously from a date prior to the date when a building on
    38  the same street or avenue and within two hundred feet of  said  premises

    39  has  been  occupied  exclusively as a school, church, synagogue or other
    40  place of worship; and except that no license or renewal thereof shall be
    41  denied to any premises pursuant to this section at which a license under
    42  this chapter has been in existence continuously from  a  date  prior  to
    43  December  thirty-first,  two  thousand  nine; and except that no license
    44  shall be denied to any premises, which is within five  hundred  feet  of
    45  three  or  more existing premises licensed and operating pursuant to the
    46  provisions of this section, at which a license under  this  chapter  has
    47  been  in  existence continuously on or prior to November first, nineteen
    48  hundred ninety-three.
    49    (b) [Within the context of this subdivision, the word "entrance" shall

    50  mean a door of a school, of a house of worship, or premises licensed and
    51  operating pursuant to the provisions of this section or of the  premises
    52  sought to be licensed, regularly used to give ingress to students of the
    53  school,  to  the  general  public attending the place of worship, and to
    54  patrons or guests of the premises licensed and operating pursuant to the
    55  provisions of this section or of the premises  sought  to  be  licensed,
    56  except  that where a school or house of worship or premises licensed and

        S. 2912                             4

     1  operating pursuant to the provisions of this section is set back from  a
     2  public  thoroughfare,  the  walkway  or  stairs leading to any such door

     3  shall be deemed an entrance; and the measurement shall be taken  to  the
     4  center of the walkway or stairs at the point where it meets the building
     5  line  or  public thoroughfare. A door which has no exterior hardware, or
     6  which is used solely as an emergency or fire exit,  or  for  maintenance
     7  purposes,  or which leads directly to a part of a building not regularly
     8  used by the general public or patrons, is not deemed an "entrance".
     9    (c)] Notwithstanding paragraph (a)  of  this  subdivision,  a  special
    10  on-premises license for a premises in which the principal business shall
    11  be  the  operation  of  a  legitimate theater by a corporation organized
    12  pursuant to the not-for-profit corporation law may be  granted  notwith-
    13  standing the proximity of such premises to any school, provided that the

    14  availability of alcoholic beverages on such premises shall not be adver-
    15  tised in any way at such premises in any manner visible from such street
    16  or avenue.
    17    [(d)] (c) Notwithstanding the provisions of subparagraph (ii) of para-
    18  graph  (a) of this subdivision, the authority may issue a retail license
    19  for on-premises consumption for a premises which shall  be  within  five
    20  hundred  feet  of three or more existing premises licensed and operating
    21  pursuant to the provisions of this section if, after  consultation  with
    22  the  municipality  or  community board, it determines that granting such
    23  license would be in the public interest. Before it may  issue  any  such
    24  license,  the  authority  shall  conduct  a  hearing, upon notice to the
    25  applicant and the municipality or community board, and shall  state  and

    26  file in its office its reasons therefor. No premises having been granted
    27  a  license  pursuant  to  this section shall be denied a renewal of such
    28  license upon the grounds that such premises are within five hundred feet
    29  of a building or buildings wherein three or more premises are  operating
    30  and licensed pursuant to this section.
    31    [(e)]  (d) Within the context of this subdivision, a building occupied
    32  as a place of worship does not cease to be "exclusively" occupied  as  a
    33  place  of worship by incidental uses that are not of a nature to detract
    34  from the predominant character of the building as a  place  of  worship,
    35  such  uses  which  include, but which are not limited to: the conduct of
    36  legally authorized games of bingo or other games of  chance  held  as  a
    37  means  of  raising  funds  for the not-for-profit religious organization

    38  which conducts services at the place of worship or  for  other  not-for-
    39  profit  organizations  or  groups;  use of the building for fund-raising
    40  performances by or benefitting the not-for-profit religious organization
    41  which conducts services at the place of worship or other  not-for-profit
    42  organizations  or  groups;  the  use  of the building by other religious
    43  organizations or groups for religious services or  other  purposes;  the
    44  conduct  of  social activities by or for the benefit of the congregants;
    45  the use of the building for meetings held  by  organizations  or  groups
    46  providing  bereavement counseling to persons having suffered the loss of
    47  a loved one, or providing advice or support for conditions  or  diseases
    48  including, but not limited to, alcoholism, drug addiction, cancer, cere-
    49  bral  palsy, Parkinson's disease, or Alzheimer's disease; the use of the

    50  building for blood drives, health screenings, health  information  meet-
    51  ings,  yoga  classes,  exercise  classes or other activities intended to
    52  promote the health of the congregants or other persons; and use  of  the
    53  building  by  non-congregant members of the community for private social
    54  functions. The building occupied as a place of worship does not cease to
    55  be "exclusively" occupied as a place of worship where the not-for-profit
    56  religious organization  occupying  the  place  of  worship  accepts  the

        S. 2912                             5
 
     1  payment  of  funds to defray costs related to another party's use of the
     2  building.
     3    §  3.  Paragraph (a) of subdivision 5 of section 64-b of the alcoholic
     4  beverage control law, as amended by chapter 406 of the laws of 2007,  is
     5  amended to read as follows:

     6    (a)  No  bottle  club  license shall be granted for any premises which
     7  shall be on the same street or avenue and within two hundred feet  of  a
     8  building  occupied  exclusively  as a school, church, synagogue or other
     9  place of worship; the measurements to be taken in a straight  line  from
    10  the [center of the nearest entrance of such school, church, synagogue or
    11  other  place  of worship to the center of the nearest entrance] point on
    12  the property boundary line of the premises to be licensed that is  clos-
    13  est  to  the property boundary line of such school, church, synagogue or
    14  other place of worship to the closest point  on  the  property  boundary
    15  line of such school, church, synagogue or other place of worship; except

    16  that no license shall be denied to any premises at which a license under
    17  this chapter has been in existence continuously from a date prior to the
    18  date when a building on the same street or avenue and within two hundred
    19  feet of said premises has been occupied exclusively as a school, church,
    20  synagogue  or  other  place  of  worship;  and except that no license or
    21  renewal thereof shall be denied to any premises pursuant to this section
    22  at which a license under this chapter has been in existence continuously
    23  from a date prior to December thirty-first, two thousand nine.
    24    § 4. Subparagraph (iii) of paragraph (a) and paragraphs (b),  (c)  and
    25  (d)  of subdivision 11 of section 64-c of the alcoholic beverage control
    26  law, subparagraph (iii) of paragraph (a),  paragraphs  (b)  and  (c)  as

    27  added  by  chapter 538 of the laws of 1997 and paragraph (d) as added by
    28  chapter 406 of the laws of 2007, are amended to read as follows:
    29    (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
    30  are to be taken in straight  lines  from  the  [center  of  the  nearest
    31  entrance  of  the  premises  sought  to be licensed to the center of the
    32  nearest entrance of such school, church, synagogue  or  other  place  of
    33  worship  or to the center of the nearest entrance] point on the property
    34  boundary line of the premises sought to be licensed that is  closest  to
    35  the  property  boundary  line of such school, church, synagogue or other
    36  place of worship to the closest point on the property boundary  line  of

    37  such  school,  church,  synagogue or other place of worship, or from the
    38  point on the property  boundary  line  of  the  premises  sought  to  be
    39  licensed  that  is  closest  to the property boundary line of a premises
    40  licensed and operating pursuant to this section to the closest point  on
    41  the  boundary line of each such premises licensed and operating pursuant
    42  to the provisions of this section;  except  that  no  license  shall  be
    43  denied to any premises at which a license under this chapter has been in
    44  existence  continuously from a date prior to the date when a building on
    45  the same street or avenue and within two hundred feet of  said  premises
    46  has  been  occupied  exclusively as a school, church, synagogue or other
    47  place of worship; and except that no license or renewal thereof shall be

    48  denied to any premises pursuant to this section at which a license under
    49  this chapter has been in existence continuously from  a  date  prior  to
    50  December  thirty-first,  two  thousand  nine; and except that no license
    51  shall be denied to any premises, which is within five  hundred  feet  of
    52  three  or  more existing premises licensed and operating pursuant to the
    53  provisions of this section or section sixty-four or sixty-four-a of this
    54  article, at which a license under this chapter  has  been  in  existence
    55  continuously  on  or  prior  to November first, nineteen hundred ninety-
    56  three.

        S. 2912                             6
 
     1    (b) [Within the context of this subdivision, the word "entrance" shall
     2  mean a door of a school, of a house of worship, or premises licensed and

     3  operating pursuant to the provisions of this section or of the  premises
     4  sought to be licensed, regularly used to give ingress to students of the
     5  school,  to  the  general  public attending the place of worship, and to
     6  patrons or guests of the premises licensed and operating pursuant to the
     7  provisions of this section or of the premises  sought  to  be  licensed,
     8  except  that where a school or house of worship or premises licensed and
     9  operating pursuant to the provisions of this section is set back from  a
    10  public  thoroughfare,  the  walkway  or  stairs leading to any such door
    11  shall be deemed an entrance; and the measurement shall be taken  to  the
    12  center of the walkway or stairs at the point where it meets the building

    13  line  or  public thoroughfare. A door which has no exterior hardware, or
    14  which is used solely as an emergency or fire exit,  or  for  maintenance
    15  purposes,  or which leads directly to a part of a building not regularly
    16  used by the general public or patrons, is not deemed an "entrance".
    17    (c)] Notwithstanding the provisions of subparagraph (ii) of  paragraph
    18  (a)  of  this subdivision, the authority may issue a license pursuant to
    19  this section which shall be within five hundred feet of  three  or  more
    20  existing  premises  licensed and operating pursuant to the provisions of
    21  this section or section sixty-four or sixty-four-a of this  article  if,
    22  after  consultation  with the municipality or community board, it deter-
    23  mines that granting such  license  would  be  in  the  public  interest.

    24  Before  it  may  issue  any  such license, the authority shall conduct a
    25  hearing, upon notice to the applicant and the municipality or  community
    26  board,  and  shall state and file in its office its reasons therefor. No
    27  premises having been granted a license pursuant to this section shall be
    28  denied a renewal of such license upon the grounds that such premises are
    29  within five hundred feet of a building or buildings where three or  more
    30  premises  are operating and licensed pursuant to this section or section
    31  sixty-four or sixty-four-a of this article.
    32    [(d)] (c) Within the context of this subdivision, a building  occupied
    33  as  a  place of worship does not cease to be "exclusively" occupied as a
    34  place of worship by incidental uses that are not of a nature to  detract
    35  from  the  predominant  character of the building as a place of worship,

    36  such uses which include, but which are not limited to:  the  conduct  of
    37  legally  authorized  games  of  bingo or other games of chance held as a
    38  means of raising funds for  the  not-for-profit  religious  organization
    39  which  conducts  services  at the place of worship or for other not-for-
    40  profit organizations or groups; use of  the  building  for  fund-raising
    41  performances by or benefitting the not-for-profit religious organization
    42  which  conducts services at the place of worship or other not-for-profit
    43  organizations or groups; the use of  the  building  by  other  religious
    44  organizations  or  groups  for religious services or other purposes; the
    45  conduct of social activities by or for the benefit of  the  congregants;
    46  the  use  of  the  building for meetings held by organizations or groups
    47  providing bereavement counseling to persons having suffered the loss  of

    48  a  loved  one, or providing advice or support for conditions or diseases
    49  including, but not limited to, alcoholism, drug addiction, cancer, cere-
    50  bral palsy, Parkinson's disease, or Alzheimer's disease; the use of  the
    51  building  for  blood drives, health screenings, health information meet-
    52  ings, yoga classes, exercise classes or  other  activities  intended  to
    53  promote  the  health of the congregants or other persons; and use of the
    54  building by non-congregant members of the community for  private  social
    55  functions. The building occupied as a place of worship does not cease to
    56  be "exclusively" occupied as a place of worship where the not-for-profit

        S. 2912                             7
 
     1  religious  organization  occupying  the  place  of  worship  accepts the
     2  payment of funds to defray costs related to another party's use  of  the
     3  building.

     4    §  5.  Subdivision  3 of section 105 of the alcoholic beverage control
     5  law, as amended by chapter 406 of the laws of 2007, is amended  to  read
     6  as follows:
     7    3.  (a)  No retail license to sell liquor and/or wine for off-premises
     8  consumption shall be granted for any premises which shall be located  on
     9  the  same  street  or  avenue, and within two hundred feet of a building
    10  occupied exclusively as a school, church, synagogue or  other  place  of
    11  worship;  the  measurements  to  be  taken  in  a straight line from the
    12  [center of the nearest entrance to the building used  for  such  school,
    13  church, synagogue or other place of worship to the center of the nearest
    14  entrance]  point  on  the  property  boundary line of the premises to be
    15  licensed that is closest to the property boundary line of  such  school,

    16  church,  synagogue or other place of worship to the closest point on the
    17  property boundary line of such school, church, synagogue or other  place
    18  of  worship;  except,  however,  that  no license shall be denied to any
    19  premises at which a license under this chapter  has  been  in  existence
    20  continuously  from  a date prior to the date when a building on the same
    21  street or avenue and within two hundred feet of said premises  has  been
    22  occupied  exclusively  as  a school, church, synagogue or other place of
    23  worship; and except that no license or renewal thereof shall  be  denied
    24  to  any  premises pursuant to this section at which a license under this
    25  chapter has been in existence continuously from a date prior to December
    26  thirty-first, two thousand nine.

    27    (b) [Within the context of this subdivision, the word "entrance" shall
    28  mean a door of a school, of a house  of  worship,  or  of  the  premises
    29  sought to be licensed, regularly used to give ingress to students of the
    30  school,  to  the  general  public attending the place of worship, and to
    31  patrons or guests of the premises proposed to be licensed,  except  that
    32  where  a  school or house of worship is set back from a public thorough-
    33  fare, the walkway or stairs leading to any such door shall be deemed  an
    34  entrance;  and the measurement shall be taken to the center of the walk-
    35  way or stairs at the point where it meets the building  line  or  public
    36  thoroughfare.  A  door  which has no exterior hardware, or which is used

    37  solely as an emergency or fire exit, or  for  maintenance  purposes,  or
    38  which  leads  directly to a part of a building not regularly used by the
    39  general public or patrons, is not deemed an "entrance".
    40    (c)] Within the context of this subdivision, a building occupied as  a
    41  place  of worship does not cease to be "exclusively" occupied as a place
    42  of worship by incidental uses that are not of a nature to  detract  from
    43  the  predominant  character  of the building as a place of worship, such
    44  uses which include, but which are not limited to: the conduct of legally
    45  authorized games of bingo or other games of chance held as  a  means  of
    46  raising  funds  for  the  not-for-profit  religious  organization  which
    47  conducts services at the place of worship or  for  other  not-for-profit

    48  organizations  or  groups; use of the building for fund-raising perform-
    49  ances by or benefitting  the  not-for-profit  religious  [organizations]
    50  organization  which  conducts  services at the place of worship or other
    51  not-for-profit organizations or groups; the use of the building by other
    52  religious organizations  or  groups  for  religious  services  or  other
    53  purposes;  the conduct of social activities by or for the benefit of the
    54  congregants; the use of the building for meetings held by  organizations
    55  or  groups  providing  bereavement counseling to persons having suffered
    56  the loss of a loved one, or providing advice or support  for  conditions

        S. 2912                             8
 
     1  or  diseases  including, but not limited to, alcoholism, drug addiction,

     2  cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
     3  use of the building for blood drives, health screenings, health informa-
     4  tion  meetings,  yoga  classes,  exercise  classes  or  other activities
     5  intended to promote the health of the congregants or other persons;  and
     6  use  of  the  building  by  non-congregant  members of the community for
     7  private social functions. The building occupied as a  place  of  worship
     8  does  not cease to be "exclusively" occupied as a place of worship where
     9  the not-for-profit religious organization occupying the place of worship
    10  accepts the payment of funds to defray costs related to another  party's
    11  use of the building.
    12    § 6. This act shall take effect December 31, 2009.
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